Regulation 30

Subject to this regulation, when a DXO disciplinary officer deals with a charge, he shall first read and, if necessary, explain the charge to the accused and shall then —

Notwithstanding that a DXO disciplinary officer had heard all or part of the evidence himself, he may, if he is so empowered, cause the charge to be investigated by an investigating officer.

After the charge has been investigated and a DXO disciplinary officer has considered the investigation material, the DXO disciplinary officer may hear evidence himself in accordance with regulation 31.

Before a DXO senior disciplinary officer refers a charge to a DXO superior disciplinary officer recommending that the accused be tried by a subordinate military court or before a DXO superior disciplinary officer refers a charge to the Director, Legal Services, the DXO senior disciplinary officer or the DXO superior disciplinary officer, as the case may be, shall cause the charge to be investigated by an investigating officer.

A DXO disciplinary officer shall in any event cause a charge to be investigated by an investigating officer where an accused has elected to be tried by a subordinate military court.

Where a person elects to be tried by a subordinate military court while his charge is being dealt with by a DXO junior disciplinary officer, the charge shall be forwarded to a DXO senior disciplinary officer for investigation by an investigating officer before it is forwarded to the Director, Legal Services.

Where the evidence revealed in accordance with this regulation discloses an offence other than the offence which is the subject of the investigation, a new charge alleging that offence may be preferred against the accused in addition to, or in substitution for, the original charge.

The investigation of the original charge may be treated, for the purposes of these Regulations, as the investigation of the added or substituted charge.